Is a dismissal necessary because I missed time for service deadline? 4 Answers as of June 08, 2015

Contrary to record per secretary of state this corporation has not been at the address listed for 6+ months. I have made every effort to locate them, prior to the 60 day cut-off date for service I made a request to the court to extend time, thinking I had finally found them. The time that I requested was a little more than a week, only to learn that they had moved again a few months ago. That week extension expired Mon. 06/01 and today I have 100% confirmed they’re whereabouts. My question is, is a dismissal and refiling my only option at this point?

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Law Ofices of Edwin K. Niles | Edwin K. Niles
Nobody seems to care about the 60 day rule. Just go ahead with service ASAP.
Answer Applies to: California
Replied: 6/8/2015
Law Offices of George H. Shers | George H. Shers
While you are supposed to serve opposing parties within 60 days, it is very common for attorneys to fail to do so, often because they have not really tried that hard. ?After 60 days, the court will normally set the matter for an appearance for you to explain why a proof of service has not been filed. ? The court can sanction you, but usually it just tries to push you to act. ?You definitely must serve within 3 years in California. ?try to get serve done as quickly as possible. ?There is no need to refile.
Answer Applies to: California
Replied: 6/8/2015
Pius Joseph A Professional Law Corp. | Pius Joseph
There is no need to dismiss . You ask the court for additional time for service since there is "good cause" for delay in service.
Answer Applies to: California
Replied: 6/8/2015
Briny Woods
Briny Woods | Briny Woods
Just serve them right away and file the Proof of Service with the Court, especially before the next OSC.
Answer Applies to: California
Replied: 6/8/2015
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